Common use of Recovery of Fees by Prevailing Party Clause in Contracts

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 8 contracts

Samples: Asset Purchase Agreement (PLC Systems Inc), Stock Purchase Agreement (FriendFinder Networks Inc.), Asset Purchase Agreement (Transmeta Corp)

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Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, including an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 7 contracts

Samples: Merger Agreement (Clinigence Holdings, Inc.), Intellectual Property Asset Purchase Agreement (Clinigence Holdings, Inc.), Intellectual Property License Agreement (Clinigence Holdings, Inc.)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration awardparty, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 2 contracts

Samples: Asset Purchase Agreement, Asset Purchase Agreement (Cardium Therapeutics, Inc.)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 2 contracts

Samples: Contribution, Assignment and Assumption Agreement (Pfenex Inc.), Mutual Services Agreement (Oxis International Inc)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one Party against the other Party relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall will be entitled to reimbursement from the other Party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual reasonable attorneys’ fees paid or incurred in good faith.

Appears in 2 contracts

Samples: Advertising Distribution Agreement (LOCAL.COM), Domain Purchase and Development Agreement (LOCAL.COM)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one Party against the other Party relating to this Agreement or the breach or alleged breach hereof, the prevailing party Party in any final judgment or arbitration award, or the non-dismissing party Party in the event of a voluntary dismissal by the party Party instituting the action, shall will be entitled to reimbursement from the other Party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 1 contract

Samples: Local Network Master Services Agreement (LOCAL Corp)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 1 contract

Samples: Asset Purchase Agreement (Western Capital Resources, Inc.)

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Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, an action for arbitration or injunctive equitable relief, is brought by one party against the other party relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall will be entitled to reimbursement from the other party for the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faith.

Appears in 1 contract

Samples: Asset Purchase and Fulfillment Agreement (LOCAL.COM)

Recovery of Fees by Prevailing Party. If any legal action, including, without limitation, including an action for arbitration or injunctive relief, is brought relating to this Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual attorneys’ fees paid or incurred in good faithfaith at pre-trial, trial or appellate level.

Appears in 1 contract

Samples: Merger Agreement (HealthLynked Corp)

Recovery of Fees by Prevailing Party. If any legal action, including, including without limitation, an action for arbitration or injunctive relief, is brought relating to this Assignment Agreement or the breach or alleged breach hereof, the prevailing party in any final judgment or arbitration award, or the non-dismissing party in the event of a voluntary dismissal by the party instituting the action, shall be entitled to the full amount of all reasonable expenses, including all court costs, arbitration fees and actual outside attorneys’ fees paid or incurred in good faith.

Appears in 1 contract

Samples: Assignment Agreement (Marvel Enterprises Inc)

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